RAJU Vs. STATE

JUDGEMENT

(1.) This Jail Appeal has been preferred against the order dated 29.1.2007 passed by Special Judge (E.C. Act) Jalon, Orai, in Criminal Case No. 23 of 2006, convicting the appellant under Section 21 N.D.P.S. Act, Police Station G.R.P. Orai and sentencing him to undergo 10 years simple imprisonment and fine of Rs. 1,00,000/-. In default of fine, the accused/appellant shall further undergo for one year additional simple imprisonment.

(2.) Brief facts of the case are that on 1.1.2006 Sub Inspector N.K. Singh alongwith other police personnel was on patrol on Platform No. 1 of the Railway Station Orai in search of suspected persons when they reached near water tank, one person who was sitting at the bench, after seeing the police personnel stood and started walking. On suspicion he was apprehended near office of Junior Engineer at about 0.20 in the night. Apprehended person revealed his name as Raju of District Kanpur Dehat and on enquiry he also revealed that he is having psychotropic substance that is why he was running away. On being searched 150 gm of psychotropic substance as well as one strip Nitrazepam Tablets 100 mg were also recovered. Same was sealed on the spot and recovery memo was also prepared on the spot, and accused alongwith seized item was taken to police station where FIR was lodged and entry regarding that was made.

(3.) During investigation statement of witnesses were taken and seized item was sent for chemical examination. In the report psychotropic substance as well as Nitrazepam Tablets were found containing banned substance Nitrazepam. After completion of enquiry charge-sheet was submitted against the accused appellant.